§ Mr. FitzpatrickTo ask the Secretary of State for the Home Department what discretion exists to allow new information to be considered by the appeal tribunal in immigration cases. [40205]
§ Mr. Mike O'BrienIn immigration appeals, the appellate authorities may take into account only those facts which were in existence at the time the decision was taken or which could have reasonably been expected to happen. In asylum appeals, the appellate authorities may take into account any facts in existence at the time of the hearing of the appeal.
§ Mr. FitzpatrickTo ask the Secretary of State for the Home Department what is the average length of time between the original request for leave to remain in the United Kingdom and the appeal stage in immigration cases. [40201]
§ Mr. Mike O'BrienThe available information is that, for non-asylum immigration cases decided in 1997, the average length of time between the request for leave to remain in the United Kingdom and being refused in which there was a right of appeal was 246 days. To this is added the time taken to lodge an appeal, which is a maximum of 14 days.